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About La Grande evening observer. (La Grande, Or.) 1904-1959 | View Entire Issue (Aug. 31, 1908)
PAGE POCR. EIGHT PAGES. EVEMSTC OBSEKVER. LA GRAXDE, OREGOK, MONDAY, AtGtST St, ItOS. a. i3 .11 4; if li ti&Ji iwnM GSservcr .'-' Published Dally Except Sunday. , CCRREY BROTHERS, , . EDITORS AND PROPRIETORS. United frai Trlfgrmh Service. .Daily, per month.............. .ft Dally, tin-le copy. ............. , .Oi Dally, one year in advance. ... ..$.0 Dally, lx months, in advance. . .IJ.60 Weekly, on year, in advance. ..tl. 00 Weekly, six months, in advance'. . .75 Sntered at the postofflce at La Grande ; ai second-class matter. This paper will not publish any arti cle appearing over a nom'de plume. fined articles will be received subject to the discretion o the editors. Please ttgn your articles and save disappoint ment. Advertising Rate. ' Display ad. rate furnished upon ap plication. Local reading notices 10c per line first insertion; Sc per line (or each sub sequent Insertion. Resolutions of condolence, Ec a line. ' Cards of thanks. Sc a line. ;3ii;oiiiep)ap-iiSaf! WATER RIGHTS. The fact that a large Irrigation pro ject Is now under way In this valley, which will of tiocegslty Involve certain water rights and owing to an article written by Burt Huffman, '--which. ' published In the Oregonlan asking for legislation providing for the use of the natural channels of streams to convey water where practicable, applies di rectly to our own project. Mr. Huff man's article was written with . the best intentions, but not being an at torney, naturally was not Informed regarding the present laws. The gist of Mr. Huffman's article Is contained In the following para graph, taken from his article: "As It Is, we have laws regulating the turning of the usual flow of water out of streams, transporting! by ca nals nnil ditches to the land, but we have no law by which water may be stored on the upper rivers and trans ported down the channol to the prop erty of those storing It." When Duvid EccUs was here a few weeks ago, not being conversant with the riparian laws of this state, Walter Plerco had Attorney T. H. Crawford prepare a brief of the lawn us he un derstood them. This Mr. Crawford did, and while It covers a wide scope and several pages of typewritten pa per, we quote as follows frnm this brief, which shows the ryml of the general law, ulsn our state law, which leaves no doubt whatever but that the channels of streams can be used. "Henry 'P. Pnrnham, author of Farnham on Waters nnd Water Rights,' and assistant editor of the L. R. A., In discussing this question, says: 'When the Immense cost and waste Involved In the conveyance of the appropriated water to Its place of use confronted the expropriator, the desire to take advantage for that pur pose of uny natural stream flowing In the right direction was, of course, strong, and It, from the beginning, re ceived encouragement from the courts, so as such encouragement could bo given without Injuring the rights of others. Indeed, the right to use natural streams as part of a dlteh ystem Is so reasonable that It has rarely, If ever, been questioned.' "The only limitations upon the right appear to ba as follows: I. "The water must be turned Into the stream fur the express purpose of conveying It and with no Intention of abandoning It. I. "There must be no Interference with the rights of others. S. "The rapacity of the stream must be considered and no more wa ter turned Into It than can be safely carried within Its banks, together with ths water naturally flowing therein, without overflowing adjacent proper, ty to its Injury. Klatmrx of Oregon rorrlng I'olnts. "The legislature of the slalu of Ore gon In 1801 passed an act covering the subject under consideration. This act Is embraced In sections 4991-5019, Inclusive, of Hellliiger A Cotton's An notated Codes and Statute of the fttnte of Oregon. Section 1 of this act. being section 49K3 of the Code, pro. SlT llijlll lt)Qj vldes that "The use of the water of the lakes and running streams of the state of Oregon, for general rental, sale, or distribution for purposes of irrigation, the supplying of water for household and domestic consumption, and watering livestock, upon dry lands of the state, Is a public use, and the right to collect rates of compensation for uch use of said water Is a fran chise.' , "Section 2 of this act, being section 4994 of the Code, provides thet 'A cor poration organised for the construc tion and maintenance of a ditch or canal or flume for general Irrigation purposes, and other purposes above prescribed, may appropriate and di vert water from its natural bed or channel, and condemn right of way for Its ditch or canal or flume, and may condemn the rights of riparian pro prietors upon the lake or stream from which such appropriation Is made, upon complying with the terms of this act. Such corporation shall also have the right to condemn lands for sites for reservoirs for storing water" for future use, and for rights of way for feeders carrying water to such reser vols, and for ditches carrying the same away, and distributing ditches, and shall have the right to take from snv runnlna stream In this state and store away any water not needed for immediate use by any person having a superior right thereto.' "Section-11 of the act, being sec tion 500 of the Code, provides that 'Any corporation constructing a ditch or cannl, flume, distributing ditches, or feeders, under the provisions of this act, may make use of natural de pressions ,1n the earth along the line thereof to all Intents end purposes as parts of said ditch or canal, flume, dis tributing ditches 'or feeder; and V may conduct the water appropriated by It along the channel of any natural olrctini, but nut so as to raise the wa ter thereof above ordinary high-water mark, and may take the same out again at any point desired without re gard to the prior rights of others to water from said stream; but, due al lowance shall be made for evaporation and seepage.' ' "The other sections of this act pro vide a complete system for effecting the appropriation and completing the same together with provision for suits of condemnation In the courts. While this act Is no doubt Imperfect, yet It Is thought to be clearly sufficient and ample to authorize a corporation or ganized for the purpose, to appropri ate and store away In reservoirs on thn upper sources of the Grande Romle river Its flood waters flowing therein at hlKh' water stages for use In the dry season for the Irrigation of the dry arid lands of the Grande ftonde valley, and to use the main channel of said stream from said res ervoirs to the point where said stream debouches Into the valley, for carry ing said stored water to a point where they can be diverted into distributing rrmnls and distributed to the lands to be Irrigated. Certainly, If the legis lature has authority to enact this law. '.e law Itself as enacted Is bronr1 enough In Its scope and Intent to au thorize this to be done by a corpora tion organized for the purpose and to fully guard and protect Its rights In the premises." " CONTEKT NOTICE. Department of the Interior, U. 8. Lard Office, La Grande, Ore., August IS, 1908. A sufficient rontcst affidavit having been tiled lit l. a office by Benjamin Bowman, contestant, against II. E. No. ItOfl, Berlnl N.(i17, made February I, 1002. for NH BV section 4, township 4 south, range li K., W. Meridian, by Uiorge E. Price, contestee, In which It It alleged that std George E. Price has wholly aban doned the above described land for . more than six months last past, and ! further that ha has not resided upon. Improved or cultivated said land or resided upon said land at required by the homestead lawt at any time, and : that said alleged absence from the . said land wat not dut to hit employ I ment In ths army, navy or marine , corps of tht United States, said par j ties are her by notified to appear, rs I spond and offer evidence touching said allegation at 10 o'clock a. m., on Sep femner Zz. lion, before the register and recevler at ths United States land office In La Grande, Oregon. The snld contestant having. In a proper affidavit, filed August II. 1101, set forth facts which show that after due diligence persona terries of this notice can not b mads. It Is hereby orderrd and directed that such notice be given by due and proper publlca tlon. F. C. B RAM WELL, J. T. WILLIAMSON. Register. Attorney for Contestsst. WAUSeptll MiLL WHEELS ARE TURNING In accordance with " an announce ment made by The Observer last week the La .Grande flouring mill com menced operations today. A large quantity of wheat has been received during the past few days and this will be converted Into flour by running one shift for the present. In a few days the wheels will be turning night and day. This mill Is one of the first In the valley to be put to work on the new wheat crop and will set loose a liberal quantity of money. rn iTr uitrT MKiyfliai Chicago, Aug. SI. Eugene V. Debs, the socialist candidate for president, left here today on the socialists' "red special," on a tour of the west. The train was shorn of Its colors In the depot by order of the company. As soon as the train was out of the yards, it was stopped and redecorated with red bunting. Debs stood on the car platform and watched the pro ceedings. A Harrlsburg firm paid S380 freight on one car of wire fencing shipped from Indiana. Are freight rates too lowt The weariest mnn In this world Is the one Who Is running from work. NOTICE FOR PUBLICATION. Department of the Interior, ' U. 8. Land Office, La Grande, Ore., August 24, 1908. Notice Is hereby given that . JOHN H. BLUMENSTEIN, of La Grande, Oregon, who, on Oc tober 23, 1901, marie homestead en try No. 10744 Serial No. 01023, for SWli SEtf. EH SW'4 and lot 7, sec tion 8, township 2 south, range 38 E.. W. M., has filed notice of Intention to make final five-year proof, to es tablish claim to the land above de scribed, before the register and re ceiver of the U. S. land office at Ls Grande, Oregon, on the 8th duy of Oc tober, 190S. Claimant names as witnesses: Frank Belnhoff, Ambroke Wright, Ed Dial, M. A. Kaelln, all of La Grande, Ore. F. C. II RAM WELL, ltetrlslor. RED SPECIAL wvrr-i-T-w-T's-Twvw VTrvwTTrv SS-- WOOD AND COAL! sV '' a It it Now is the about your t We have the supply and the price J j tt and quality Is right U 8 "''"' .... Phone Main 6 4 ?! GRANDE RONDE CASH CO LEWIS BROS. rss,fHs'eH''sS' v.r4t. te--4.vZ -TWW-W StSSSS-S'SSt' -"THE SCHOOL OF QUALITY- Tenth tnd Morrison, Portland. Oregon A. P. Armstrong;, IX. B., Principal CWe occupy two floors 65 by 100 feet, have s $ jo, 000 equipment, employ large faculty, give individual instruction, receive more calls for office help than we can meet Our school admittedly leads all others In quality of instruction. It pays to attend such an institution. CSald a Business Man I " Keep hammering away everlastingly on thorough work. It will win oat In the end." Raid aa Ednraton "The quality of instruc tion given tn your school makes It the standard of its kind la the Northwest" Cppen all the year. Students admitted at any time. Catalogue free. ! References 1 Any bank, any newspaper, any business man la Portland. NOTICE FOR PUBLICATION. Department of ths Interior, f ' U. & Land Office, La Grande, Ors. " "? July IS. 108, Notice It hereby given that KATHRTN CONNORS, of Sioux Falls, South Dakota, who, on July 8, 1S0S, made timber and ttone tworn statement No. 0148, for NH NEK, 8EK NEV4, Sec. Si; 8W14 or NWH. Sec 12, Tp. 4 B., R. 18. E. W. M., has filed notice of Intention to make final timber and ttsne proof, to establish claim to ths land above de scribed, before the' register and re ceiver at La Grande, Oregon, on the 25th day of September, 1908. Claimant names as witnesses: Amanda Miller, of Sioux Falls, S. D.i Charles F. Clency, of Sioux Falls, S. D.; Joha K. Wright, of La Grande, Ore.; Walter Spencer, of La Grande, Ors. F. C. BRAMWELL, . M4-9-2B Register. notice. '' Notice Is hereby given, that pursu ant to an act of the legislative assem bly of ths stats of Oregon, approved February 25, ' 1888, ths following county warrants which were Issued more than seven years prior to ths first day of July, 1908. but have not been paid, will be paid by ths county I-,. e TTnlrm Mnitlv Ofmn. If presented for payment within 80 days from July 1, 1908, and If said war rants or any of them, are not pre sented for payment within 60 days from July 1. 1908, they will be can celled by the county court of said county and payment of the same will be thereafter refuted: Clasa HH, No. 1929, City of Union. $4.18. Class IT, No. 1155. Ambrose Wright. 11.50. Clasi II, No. 1480, A. Wright. $7.80. Clast II, No. 1759, Steve Correy, 12.20. Class JJ, No, 141, O. C. Horton. 87. Class JJ, No. 947, J. E. Moore, 81.20 Clnss JJ, No. 1714, Union Electric Light Co., $25. Witness my hand and seal of said county court this 27th. day of June, A. D. 4908. (SEAL) J. B. GILHAM, . County Clerk NOTICE FOR PUBLICATION. Department of ths Interior, 17. 8. Land Office at La Grande, Ore. June 30, 1908. Notice It hereby given that HARRT J. HOCKENBERRT, of La Grande. Union county, Oregon, who, on June 25th, 1908, made tim ber and ttone sworn statement No. 8072. for SE!4, Sec. 1, Tp. 5 8., R. 38 E. W. M., has filed notice of Inten tion to make final timber and stone proof, to establish claim to the land above described, before the register and receiver at La Grande, Oregon, on the 21st day of September, 1908. Claimant names as witnesses: Johr T. V'''lnmnn, Adnn V. Rogers. Oscar R. Coolldge, Vincent R. Reeves, all of La Grande, Oregon. F. C. BRAMWELL. Register. 7-10-9-13 time to think winter v supply it quality is right ??jssssssBSBBBBBBBssBBBBBmaBaaaaaaaaaai Tor Particulars It Proprietors. Fruit Season Phone Us Your Orders for ECONOMYJARS 2 pints ......91.10 dozen s Quarts . . . . i . . Half gallons . . . Extra clamps . . Extra caps . . . EXTRAS FOR tASY VACUUM JARS Caps ..18c dozen . Rubber rings . .SOc dozen J , Clamps ...Hie dozen 1 Extra large Jelly Glasses . . !.4So dozen . These are an attractive size and shape, and are easily worth 60 cents per dozen F- D- HAISTEN I4II-I4I5 Adams Ave. FRUIT GROWERS ATTENTION t The Ramsey-Oldenbirg Company are agents for the Grande Ronde Lumber Company and are now prepared to take orders for large and small lots of apple boxes. Call at the office in La Grande National Bank Bldg and see samples of new stamp on box. Stock Will be Delivered at the Comqany's Warehouse. PH0f: Pacific Stales Main 86 Vergere 1402. WE IRE 1 OUR NEW LUMBER, will be sold at reduced prices House bills special prices. We have Fir finish and V G Fir Flooring j We have the best grade of Cedar shingles. These are two grades of the same brand, : : : ; : STODDARD ARTIFICIAL ICE THE ONLY PURE KIND Ths only kind ot les that ws hsn ale In retail trad. Is artificial Ice, mads from pore artesian wat.r-tha only purs les In ths city. A q.lWery wat-on will bring thu PURE ICE to your door on notification by telephone or otherwise. To regular p.tront our prices are ons-half csnt per pound. NATURAL ICB handled In whol.tal. lota. Look out for ths Orandy lot wtfon. 'Plione Black 6"1. GRAM is Now On i .$1.35 dozen .$1.75 dozen . .. 10c dozen , 20c dozen s Phone Red 1161 GETTING l STOCK Of i V LUMBER CO. si THE KE s - y s ( jl